Mr.Sayad Bilal Vs State of Karnataka

¶1

NC: 2025:KHC:36635 CRL.P No. 12555 of 2025 C/W CRL.P No. 12569 of 2025

¶2

1 -

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶5

DATED THIS THE 15^TH DAY OF SEPTEMBER, 2025

¶6

BEFORE

¶7

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12555 OF 2025

¶8

C/W

¶9

CRIMINAL PETITION NO. 12569 OF 2025

¶10

IN CRL.P No. 12555/2025

¶11

BETWEEN:

¶12

MR. SAYAD BILAL S/O SAYED AMJAD, AGED ABOUT 28 YEARS, R/AT NO.26, BRADWAY ROAD CROSS, OPP. SHIVAJI NAGAR POLICE STATION, SHIVAJI NAGAR, BANGALORE.

¶13

Digitally signed by LAKSHMI T Location: High Court of Karnataka

¶14

MR. SOUDHA KHAN S/O ARIEF KHAN, AGED ABOUT 34 YEARS, R/AT NO.127, AMAR LAYOUT, D.G. HALLI, BANGALORE-45.

¶15

MR. AMAN ULLA S/O MOHAMMED RAFEQ, AGED ABOUT 28 YEARS, R/AT NO.309, WHITEFIELD MAIN ROAD, NEAR FLOWERANS PUBLIC SCHOOL, HOODI CIRCLE, BANGALORE-46.

¶16

…PETITIONERS

¶17

(BY SRI. HASHMATH PASHA, SENIOR ADVOCATE FOR SRI. DARSHAN JAIN M., ADVOCATE)

¶18

2 - NC: 2025:KHC:36635 CRL.P No. 12555 of 2025 C/W CRL.P No. 12569 of 2025

¶19

HC-KAR

¶20

AND:

¶21

STATE OF KARNATAKA BY ANEKAL POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001.

¶22

…RESPONDENT

¶23

(BY SRI. K. NAGESWARAPPA, HCGP FOR R1; SRI. M. DEEPAK, ADVOCATE FOR DEFACTO COMPLAINANT-R2)

¶24

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THEM ON BAIL IN THE CRIME NO.196/2025 ON THE FILE OF RESPONDENT ANEKAL POLICE FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SEC.115(2), 118(1), 352, 351(2), 140(2), 150, 190 READ WITH SECTION 25 OF ARMS ACT OF BNS ACT, WHICH IS PENDING BEFORE THE PRINCIPAL CIVIL JUDGE AND JMFC AT ANEKAL.

¶25

IN CRL.P NO. 12569/2025

¶26

BETWEEN:

¶27

MR.TEJAS S/O AMARNATH, AGED ABOUT 23 YEARS, R/O C/O MANJUNATH, AMBEDKAR CIRCLE, 2^ND MAIN ROAD, 1^ST CROSS, 2^ND HOUSE, MARATHAHALLI, BANGALORE. PERMANENTLY R/AT GOWDANAGERE VILLAGE AND POST, MANCHENAHALLI HOBLI, GOWRIBIDANOORU TALUK, CHIKKABALLAPURA DISTRICT

¶28

...PETITIONER

¶29

(BY SRI. HASHMATH PASHA, SENIOR ADVOCATE FOR SRI. DARSHAN JAIN M., ADVOCATE)

¶30

3 -

¶31

NC: 2025:KHC:36635 CRL.P No. 12555 of 2025 C/W CRL.P No. 12569 of 2025

¶32

HC-KAR

¶33

AND:

¶34

STATE OF KARNATAKA BY ANEKAL POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001.

¶35

...RESPONDENT

¶36

(BY SRI. K. NAGESWARAPPA, HCGP FOR R1; SRI. M. DEEPAK, ADVOCATE FOR DEFACTO COMPLAINANT-R2)

¶37

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THEM ON BAIL IN THE CRIME NO.196/2025 ON THE FILE OF RESPONDENT ANEKAL POLICE FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SEC.115(2), 118(1), 352, 351(2), 140(2), 150, 190 READ WITH SECTION 25 OF ARMS ACT OF BNS ACT, WHICH IS PENDING BEFORE THE PRINCIPAL CIVIL JUDGE AND JMFC AT ANEKAL.

¶38

THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶39

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

¶40

ORAL ORDER

¶41

Petitioners in Crl.P.No.12555/2025 are accused Nos.9

¶42

to 11 and petitioner in Crl.P.No.12569/2025 is accused No.8 as shown in the remand application filed by the

¶43

Anekal Police Station, Bengaluru District, in connection with a case registered in their Station as Cr.No.196/2025

¶44

NC: 2025:KHC:36635 CRL.P No. 12555 of 2025 C/W CRL.P No. 12569 of 2025

¶45

4 -

¶46

HC-KAR

¶47

for the offence punishable under Section 115(2), 118(1), 352, 351(5), 140(2), 150 and 190 of BNS, 2023 and Section 25 of the Arms Act, 1959.

¶48

Petitioners are arrested on 14.7.2025. They

¶49

are in judicial custody since then. It is alleged in the complaint lodged by one Sreenidhi that on 4.7.2025, at about 10.00 a.m., he went to meet his lawyer at Anekal in his Car bearing No.KA-59-N-0026 and after meeting his lawyer, when he was near Anekal Civil Court, at about 11.30 a.m., four persons came in a Scorpio Car and dragged him inside the said car. They tied a cloth around his eyes, abused and assaulted him and abducted him to a layout, wherein one of the accused pointed a gun at him and threatened him to accompany them to the Sub-Registrar’s office, Sarjapur. They told him that one Padmanabha has given supari to them and if he did not accompany them, they will cut his limbs. It is further alleged, they administered 5-6 tablets to him, tied his eyes and took him to the Sub-Registrar’s office wherein the

¶50

5 - NC: 2025:KHC:36635 CRL.P No. 12555 of 2025 C/W CRL.P No. 12569 of 2025

¶51

HC-KAR

¶52

other accused (accused Nos.1 to 5) named in the FIR were present, who threatened him and forced to sign certain papers etc.

¶53

It is contended by the learned Senior counsel

¶54

appearing for petitioners that the entire allegations are false, petitioners are innocent of the alleged offence, they are strangers to the complainant as well as other accused named in the FIR, their names are not found in the FIR and on account of the civil dispute between complainant and other accused, false case has been foisted. It is submitted that accused Nos.1 to 7 are already enlarged on bail, petitioners have no criminal antecedents and therefore, by imposing any conditions, petitioners may be enlarged on bail.

¶55

The learned counsel for respondent No.2defacto complainant has filed statement of objections opposing the prayer seeking bail. It is contended that these petitioners are the persons who abducted the

¶56

6 - NC: 2025:KHC:36635 CRL.P No. 12555 of 2025 C/W CRL.P No. 12569 of 2025

¶57

HC-KAR

¶58

complainant, threatened, abused and assaulted him. Further, they have forcibly taken him to the Sub-Registrar’s Office and handed him over to other accused persons. He contended that the petitioners were paid supari by other accused and on their instructions, they have committed the offence. He contended, if petitioners are enlarged on bail, there is a threat to the life of the complainant. Accordingly, sought to dismiss the petition.

¶59

Learned High Court Government Pleader has contended, investigation is still under progress and at this stage, if the petitioners are granted bail, they may tamper with the prosecution witnesses and hamper the case of prosecution.

¶60

The names of the petitioners are not in the FIR. They are strangers to complainant. The material on record reveal that there is some civil dispute between the complainant and accused named in the FIR.

¶61

7 - NC: 2025:KHC:36635 CRL.P No. 12555 of 2025 C/W CRL.P No. 12569 of 2025

¶62

HC-KAR

¶63

According to the learned counsel appearing for

¶64

the defacto complainant, the victim was brought to the Sub-Registrar’s Office forcibly with an intention to get his signature for cancellation of the gift deed.

¶65

It is contended by the learned Senior counsel

¶66

that accused Nos.1 and 2 named in the FIR and the first informant are close relatives. Civil suit in O.S.No.170/2007 was filed for declaration and injunction in respect of various properties. The said suit came to be decreed. Accused No.1 filed an appeal and the matter was compromised, wherein Schedule ‘B’ property was allotted to the said accused. He contended, during the process of registration, the informant on the pretext of getting the sale deed executed, fraudulently executed a gift deed in respect of certain properties and in that regard, accused No.1 lodged a complaint with the police and a case was registered against him. Further, a suit was filed for declaring the gift deed as null and void and an order of status-quo was also passed by the Civil Court. He

¶67

8 - NC: 2025:KHC:36635 CRL.P No. 12555 of 2025 C/W CRL.P No. 12569 of 2025

¶68

HC-KAR

¶69

contended that to overcome all this, first informant has got registered a false case against accused No.1 and his family members and made false allegations that he has paid supari to these petitioners to abduct and bring him to the Sub-Registrar office. The investigation conducted so far does not reveal that the complainant was forcibly brought to the Sub-Registrar office by these petitioners. It is further contended, if there was any threat or intimidation, the complainant would have raised an alarm when he was taken to the office of the Sub-Registrar by the petitioners.

¶70

Petitioners are in judicial custody from 14.7.2025. They have been interrogated. They are not required for further interrogation. They have no criminal antecedents. The prosecution has to establish its case against the petitioners in a full fledged trial. It appears that there is a civil dispute between the complainant and the accused named in the FIR. The allegations that the said accused have given supari to these petitioners and

¶71

9 - NC: 2025:KHC:36635 CRL.P No. 12555 of 2025 C/W CRL.P No. 12569 of 2025

¶72

HC-KAR

¶73

they have abducted the complainant and took him to the

¶74

Sub-Registrar office, which is a matter to be established during trial.

¶75

In the facts and circumstances, by imposing conditions, the relief sought in the petitions can be granted. Hence, the following:

¶76

ORDER

¶77

I. Petition is allowed.

¶78

II. Petitioners/accused Nos.9 to 11 in

¶79

Crl.P.No.12555/2025 and petitioners/accused No.8 in Crl.P.No.12569/2025 shall be enlarged on bail in Crime No.196/2025 of Anekal Police Station, Bengaluru District,

¶80

subject to following conditions:

¶81

They shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) each , with two sureties for the likesum to the satisfaction of the jurisdictional Court.

¶82

NC: 2025:KHC:36635 CRL.P No. 12555 of 2025 C/W CRL.P No. 12569 of 2025

¶83